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DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENT

BURPY | DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENT Page 1 of 8 This DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENT ( AGREEMENT ) is made by and entered into between-_____, an individual residing at _____,-(the CONTRACTOR ) and BURPY INC. a corporation existing under the laws of the State of Texas, and having its principal place-of business at 1616 Guadalupe Street, Austin, Texas 78701 (the Company ), and is executed as a binding AGREEMENT as of this-____day of _____, 20____-(the Effective Date ). ( CONTRACTOR and Company are sometimes herein referred to collectively as the- Parties or individually as a Party.)

8. INDEPENDENT CONTRACTOR STATUS. Contractor is an independent contractor, and not the Company’s employee. The Contractor and the Company agree to the following rights consistent with an independent contractor relationship: Contractor has the right to perform services for others during the term of this Agreement.

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Transcription of DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENT

1 BURPY | DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENT Page 1 of 8 This DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENT ( AGREEMENT ) is made by and entered into between-_____, an individual residing at _____,-(the CONTRACTOR ) and BURPY INC. a corporation existing under the laws of the State of Texas, and having its principal place-of business at 1616 Guadalupe Street, Austin, Texas 78701 (the Company ), and is executed as a binding AGREEMENT as of this-____day of _____, 20____-(the Effective Date ). ( CONTRACTOR and Company are sometimes herein referred to collectively as the- Parties or individually as a Party.)

2 RECITALS: BACKGROUND AND PURPOSE OF THIS AGREEMENT A. WHEREAS, the Company wishes to engage the CONTRACTOR as an INDEPENDENT CONTRACTOR for the Company for the purpose of completing the DELIVERY of certain designated Order(s) to the customers of the Company on the terms and conditions set forth below; and B. WHEREAS, the CONTRACTOR wishes to provide the Services (as defined below) in accordance with the terms of this AGREEMENT ; and C. WHEREAS, each Party is duly authorized and capable of entering into this AGREEMENT . NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the Parties hereby agree as follows: 1.

3 DRIVER REPRESENTATIONS AND WARRANTIES. To become and remain a DELIVERY DRIVER for the Company, the CONTRACTOR represents, warrants and agrees as follows: I am at least 18 years of age, have a valid Texas or other state DRIVER license, and possess (and shall continue to maintain) personal automobile insurance coverage as mandated by the State of Texas. I have not exceeded two at-fault accidents/violations within the last 18 months or have any violation in the last 18 months for drunk driving, driving under the influence of drugs, or reckless driving, or have a reinstated license in effect less than one year after revocation.

4 While driving I agree to obey all local, state and federal traffic laws, agree not to drive under the influence of alcohol or any illegal drug, agree not to possess or transport any alcohol, illegal drugs, firearms or weapons, agree to wear a seatbelt and require all passengers to wear a seatbelt, and agree to avoid horseplay, racing or other distracting or aggressive behavior. I authorize and consent to allow the Company to obtain information regarding my driving performance and insurance coverage at any time. I will notify my Manager immediately if I am involved in an accident, receive any moving violations, or a change occurs in my driving privileges or auto insurance coverage.

5 My vehicle has current state inspection and registration. I will not smoke, chew tobacco, eat, drink, wear headphones, talk on the telephone, nor use a radar detector while driving for the Company. I will not carry any passengers besides other on-duty Company employees. I will maintain an acceptable driving record. I will keep my personal vehicle, or any Company vehicle, clean and in good repair while driving for the Company. I will not permit any unauthorized persons to drive the vehicle. DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENT BURPY | DELIVERY DRIVER INDEPENDENT CONTRACTOR AGREEMENT Page 2 of 8 I agree to keep copies of my up-to-date DRIVER s license, insurance card and information, and vehicle inspection and registration with the Company.

6 I understand that by using my personal vehicle to perform the Services under this AGREEMENT , should there be any damage to my vehicle, other vehicles or property, or injury to passengers in my vehicle, to drivers or passengers of other vehicle(s), or to any pedestrian, that my personal insurance will be used to cover any claims made; and that neither the Company nor the Customer will be responsible for damages or injuries. Failure to follow any of the above may result in the immediate termination of this AGREEMENT . 2. SERVICES TO BE PERFORMED. CONTRACTOR agrees to deliver each food and/or grocery order (the Order ), as determined by the Company, to the address of the residence of the customer of the Company (or other location as determined by the Company) (the Services ).

7 The services to be performed under this AGREEMENT are personal to the CONTRACTOR and as such the Company requires such services to be performed exclusively and by the CONTRACTOR him/her self. The CONTRACTOR shall make each DELIVERY in safe and careful manner and complete each deliver within a reasonable amount time. 3. TERMS OF PAYMENT. Compensation. In consideration for the services to be performed by CONTRACTOR , the Company agrees to pay CONTRACTOR in accordance with the compensation terms set forth on Schedule A, which terms may be modified by written AGREEMENT between the Company and CONTRACTOR .

8 No Other Compensation. The compensation set forth on Schedule A shall be the CONTRACTOR s sole compensation under this AGREEMENT . Damages or Losses to the Order. The CONTRACTOR shall be responsible for the Order and liable for the loss or damage to any of the items contained in the Order after accepting control of the same; any such loss or damages shall be deducted from the CONTRACTOR s compensation. Invoices and Payment. CONTRACTOR shall send the Company an invoice monthly. The Company shall pay CONTRACTOR within ten (10) days from the date of each invoice. The invoice should include the following: an invoice number, the dates covered by the invoice, and a summary of the work performed.

9 Late Fees. Late payments by the Company shall be subject to late penalty fees of set forth on Schedule A accruing per month from the date due until the amount is paid. 4. EXPENSES. CONTRACTOR shall be responsible for all expenses incurred while performing services under this AGREEMENT . This includes automobile, truck, and other travel expenses; vehicle maintenance and repair costs; vehicle and other license fees and permits; insurance premiums; road, fuel, and other taxes; fines; pager, or cell phone expenses; meals; and all salary, expenses, and other compensation paid to employees or contract personnel the CONTRACTOR hires to complete the work under this AGREEMENT .

10 5. VEHICLES AND EQUIPMENT. CONTRACTOR will furnish all vehicles, equipment, tools, and materials used to provide the services required by this AGREEMENT . Except were required otherwise in this AGREEMENT , The Company will not require CONTRACTOR to rent or purchase any equipment, product, or service as a condition of entering into this AGREEMENT . 6. TERM. This AGREEMENT shall become effective as of the Effective Date and, unless otherwise terminated in accordance with the terms of this AGREEMENT , will continue until the Services have been satisfactorily completed and the CONTRACTOR has been paid in full for such Services (the Term ); provided, however, that in no event shall this AGREEMENT remain effective for longer than one (1) year.


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